f you’ve ever found a lost wallet, phone, or set of keys and wondered what your legal obligations are, California Penal Code § 485 is the statute that governs how lost property must be handled under state law. Unlike traditional theft laws that focus on intentionally taking someone else’s property, § 485 addresses the unique situation in which property is lost and then found by another person. Under this law, a person who finds lost property may still face criminal liability if they keep it without making reasonable efforts to locate the owner or fail to turn it in when required. This guide explains what California Penal Code § 485 actually says, the legal elements of the offense, the potential penalties and consequences, examples of how the law is applied, common defenses, how § 485 differs from other California theft statutes, and what to do if you find lost property.
What Is California Penal Code § 485 PC?
California Penal Code § 485 PC makes it a crime to intentionally keep, without attempting to return, lost property when the value is known or could reasonably be known.
In simple terms, if you find something that isn’t yours and knowingly keep it instead of trying to return it to its rightful owner, the law may classify your actions as a misdemeanor offense.
This statute is designed to discourage “finder-keepers” behavior—particularly when it comes to valuable items such as electronics, jewelry, or cash—and to promote reasonable efforts to reunite lost property with its owner.
Key Definitions
Before diving deeper, it helps to understand key terms used in § 485 PC.
Lost Property
Property is generally considered “lost” when it has been unintentionally left behind and the owner does not know where it is.
Examples include a wallet left on a restaurant table, keys dropped on a sidewalk, or a phone that slipped out of a pocket at a mall.
Misappropriation
Misappropriation refers to keeping or using property for personal benefit instead of attempting to return it to the rightful owner.
Finder
A “finder” is the person who discovers the lost property.
Elements of the Crime Under § 485 PC
To secure a conviction under § 485 PC, the prosecution must generally prove:
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The property was lost, not intentionally abandoned
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The defendant found the lost property
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The defendant knew the property did not belong to them
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The defendant intentionally kept, concealed, or failed to make a reasonable effort to return the property
It is not enough that someone merely picked up the item. The key issue is whether they failed to take reasonable steps to locate the owner or turn the property over to authorities when appropriate.
What Counts as “Reasonable Efforts” to Return Lost Property?
What qualifies as reasonable effort depends on the circumstances.
Property With Identifying Information
If the property contains identifying information, reasonable efforts may include contacting the owner directly, turning the item into the police, or using available methods—such as community postings—to locate the owner.
Property Without Identifying Information
If no owner information is available, reasonable effort usually means turning the property in to law enforcement, notifying store or property management if found on private premises, or leaving contact information with authorities in case the owner comes forward.
Failing to take these steps may satisfy the “misappropriation” requirement under § 485 PC.
Penalties Under § 485 PC
Violations of California Penal Code § 485 PC are typically charged as misdemeanors, though outcomes may vary depending on the value of the property and the circumstances of the case.
Potential penalties may include:
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Up to 6 months in county jail
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Fines of up to $1,000 or more
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Restitution to the rightful owner
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A criminal record that can impact employment, housing, and immigration status
In some situations, returning the property may resolve the issue—but this is not guaranteed.
Examples of § 485 PC Situations
Lost Wallet
Finding a wallet with identification and keeping it without attempting to contact the owner or police may constitute a § 485 violation.
Lost Phone
Using a phone that displays owner information instead of reporting it is likely a violation due to lack of reasonable effort.
Cash Found in Public
Even when cash has no identifying information, failing to report or turn it in may still expose a finder to liability.
Abandoned Property
Taking property that was clearly discarded is generally not a § 485 violation, as the law applies to lost—not abandoned—items.
Defenses to § 485 PC Charges
Possible defenses include:
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The property was abandoned, not lost
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Reasonable efforts were made to locate the owner
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The finder did not know the property belonged to someone else
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The property was promptly returned
Documentation, witnesses, and proof of good-faith efforts can be critical in these cases.
How § 485 PC Differs From Other Theft Statutes
Unlike general theft under Penal Code § 484, which involves intent to permanently deprive an owner of property, § 485 focuses on failure to return lost property. It is also distinct from embezzlement, which involves misuse of entrusted property, and shoplifting, which involves stealing from a retail establishment.
What to Do If You Find Lost Property in California
To protect yourself legally:
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Look for identifying information
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Contact the owner or turn the item in to law enforcement
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Document your efforts
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Follow local lost-and-found procedures
Taking these steps reduces the risk of criminal liability.
Frequently Asked Questions
Can I be prosecuted for keeping a small amount of cash?
While prosecutions for very low-value items are uncommon, the law technically still applies if reasonable efforts were possible.
Does location matter?
Yes. Property found in public places should typically be turned over to the appropriate authority or police.
Can § 485 PC result in jail time?
Yes. Jail time is possible, particularly when valuable property is involved.
Conclusion
California Penal Code § 485 PC governs how lost property must be handled and imposes legal obligations on those who find it. Failing to make reasonable efforts to return lost items can lead to criminal consequences, even when there was no intent to steal. Understanding your responsibilities—and your rights—can help you avoid unnecessary legal trouble.
Call to Action – Southwest Legal
If you are being investigated or charged under California Penal Code § 485 PC, it is critical to speak with an experienced criminal defense attorney as soon as possible. Even misdemeanor allegations can have serious and lasting consequences.
Southwest Legal represents clients accused of theft-related offenses, including misappropriation of lost property. A criminal defense attorney can assess whether the property was truly lost, whether reasonable efforts were made, and whether the prosecution can actually prove criminal intent. For guidance, defense strategies, and confidential legal advice, contact us today to protect your rights and your future.
